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HomeMy WebLinkAbout2014-151B 1-41P biq DUNS No _ 80-939-7102 Contract No.: AQN-66 (-,SFA No 55.026 FM No: 425883-1-58-01 Vendor No: VF 596-000-679 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT AMENDMENT NUMBER THREE THIS Amendment, made and entered into this ZI 5r,' day of Octal X e, 320 i , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27TH Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on June 1, 2012, the parties entered into a Transportation Regional Incentive Program Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide certain improvements in connection Financial Management (FM) No. 425883-1-58-01 for the Construction (widening and reconstruction) along 66"' Avenue from SR-60 to 41St Street in Indian River County, Florida, hereinafter referred to as the Project; and WHEREAS, the parties amended the Agreement on December 4, 2012 (Amendment Number One) and May 21, 2014 (Amendment Number Two); and WHEREAS, the parties desire to further amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Transportation Regional Incentive Program Agreement dated June 1, 2012, as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. Paragraph 3A of the Agreement is amended as follows: Except as otherwise set forth herein,this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2015, whichever occurs first, or unless terminated earlier in accordance with the terms of Paragraph 9. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on June 1,2012, and amended on December 4,2012 and May 21, 2014,respectively, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. Page 1 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chairman/Councilman of Indian River County or its designee,as authorized by Resolution Number 2014-091 and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Amendment to be executed in its behalf through its District Secretary or authorized designee: INDIAN RIVER COUNTY,FLORIDA ATTEST: BY: BY: CLERK (SEAL) NAME: Peter D. O'Bryan CHAIRMAN ••..���Oh1M/S�.ti ;•oJ�• ''• ��'rF; October 14, 2014 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: *� "� ••:*'s Y: ER .... TY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: C0 F BY: k4&4- `$Y: EXECUTIVE SECRE (S _ s �, DIRECTOR OF TRANSPORTATION DEVELOPMENT r)ISTRICT 4 :\T OF rR fNS L`(,yiy L�c�tS Ic�1ulr�{ GERRY O'RF l.T_IY PE. Print Name (Date) Print Name (Date) Availability of Funds Approval: LEGAL REVIEW ." f.► A BY: e (Date)—� OFFIC E&THE GENERAL COUNSEL Page 2